Energy Regulatory Office Attention entrepreneurs! Due to the revocation of the state of epidemic emergency, administrative procedures and deadlines are changing - News -

Due to the COVID-19 pandemic, the entire economy, as well as the public administration, operated under exceptional conditions starting from 2020. In order to make it easier for entrepreneurs to function in such a difficult and exceptional time, the legislature introduced a number of changes and derogations concerning, among other things, the procedures and deadlines that applied to entrepreneurs^[1].

As of 1 July 2023, an epidemic emergency has no longer been in effect in our country^[2]. Following the revocation of emergency, the administration is returning to its standard pre-pandemic procedures in handling cases. The change also means that the previously applicable deadlines and obligations for companies in the energy and fuel markets will be gradually restored.

What and how things will change – what entrepreneurs should bear in mind

Administrative proceedings

• We are returning to the principle of active participation of parties in proceedings^[3]; case files and documents will not be made available by electronic communication^[4];
• it will no longer be possible to participate remotely in actions in the course of proceedings for which personal appearance is required;

Contact with the Office:

• As of 14 July, we are returning to traditional mail^[5]
• This means that starting from 14 July, documents should be sent to URE through:
  • the postal operator;
  • ePUAP Electronic Mailbox:   /URE/SkrytkaESP.

Licensing

• The time limit for supplementing the licence application^[6] will be indicated by the President of URE and will be a minimum of 21 days^[7], rather than a minimum of 60 days as during the pandemic^[8].
• For cases initiated and not completed during the state of epidemic emergency, the time limit for responding was automatically extended to 60 days of the revocation of the emergency^[9].
• This means that in cases for granting or modifying a licence, in which the President of URE has issued a request pursuant to Article 35(2a) of the Energy Law and has not received a response to such request by 1 July 2023, the President of URE will have to allow up to 60 days for the entrepreneur's response, and after the lapse of this time limit, in the absence of a complete response to the request, the President of URE will have the option to leave the application unconsidered, as provided for in Article 35(2b) of the Energy Law.
• Thus, as of 1 July 2023, the Regulator’s requests to entrepreneurs under 35(2a) of the Energy Law are no longer subject to an extension or suspension of the time limit resulting from the so-called Covid Act, which means that entrepreneurs are obliged to respond to the request within the time limit indicated therein under pain of the application being left unconsidered.
• The above also applies to promises of licences and amendments thereto.

The market for liquid fuels

• Entities implementing the National Indicative Target: it will no longer be possible to submit quarterly reports^[10] by email (which was made possible until 1 July this year by Article 15zzzzv of the COVID-19 Act).
• These reports should be sent to URE by post, ePUAP Electronic Mailbox:  /URE/SkrytkaESP or via the portal business.gov.pl.
• Fuel companies that submit the reports and information referred to in the following provisions of the Energy Law:
  • Article 4ba paragraph 4 (monthly report containing information on entities contracting services in respect of storage, reloading, transmission or distribution of liquid fuels);
  • Article 43d paragraph 1 (information on the types and location of the liquid fuel infrastructure used for the activity);
  • Article 43e paragraph 1 (monthly report on types and quantities of liquid fuels produced, imported and exported and their destination)
  • – as of 1 July 2023 submit them via the Fuel Platform.

Renewable Energy Sources

• During the state of epidemic emergency, a procedure was adopted that allowed generators to apply for guarantees of origin and certificates of origin electronically, as described in detail here.
• In view of the revocation of the state of emergency, URE recommends that the following procedure be followed when confirming and submitting applications for certificates and guarantees of origin:

1. A generator of electricity in a RES installation submits an application for a certificate/guarantee of origin in writing to the electricity system operator (DSO).
2. The Operator confirms the application of the generator in writing, including the date of submission and the volume of electricity generated and delivered to the grid.
3. The DSO sends the confirmed application by post to URE.

• If applications are submitted in a different manner, this may prolong the process of issuing a certificate/guarantee of origin.

Certificates of competency and qualification boards

• In accordance with Art. Article 31x paragraph 2 of the COVID-19 Act, the validity period of certificates confirming competencies in respect of the operation of networks, equipment and installations^[11], which expired after 1 March 2020, was extended to 180 days from the day following the day of revocation of the state of epidemic emergency (i.e. counting from 2 July 2023).
• Individuals holding certificate of competency that expired after 1 March 2020, as well as their employers, should ensure that they renew their certificates in good time by applying to a selected qualification board. An up-to-date list of the qualification boards in operation is published on the URE's website.